Arrow/Shoosmiths Ordinary Cause Court Claim - Old HSBC Loan Debt

[Dog Lover 123]

I have called this morning and have been advised of the following

 

6th July 2021 a decree was granted for the pursuer to be awarded the sum sought. So I should now expect to be hearing from the solicitors. 

 

On further investigation by me with the civil dept, it would appear that a hearing did in fact take place and a motion was awarded because I didn't turn up on 6th July. Shoosmiths sent the intimation to my previous address ie address from 6 years ago. 

 

It has been suggested that I send the court an email detailing my comms and the scenario to see if it can be reconsidered. They also suggest I contact Shoosmiths to provide my address etc (which will already have been provided on my correspondence to them when I sent my defence and NID) 

 

Suggestions welcome.. TIA

[dx100uk]

you need to repone it due to a court error

 

 

repone a decree.pdf

[Dog Lover 123]

OK, so do I do as the court asked and send an email detailing what happened or something more specific? 

[dx100uk]

you can BREIFLY with attachments of proof, pointout to the court that hey have made an admin error, because xyz.

but i doubt you'll get any real reply.

i can see you having to repone it.

 

 

 

 

[Dog Lover 123]

OK, I've sent an email with copies of my correspondence to both solicitor and court. 

Should I seek legal representation at this point? 

Or can I come back here for guidance on how to repone? 

[dx100uk]

you dont really need legal rep on most civil debt stuff.

 

see what happens going forward.

 

let us know

[Dog Lover 123]

Hi

 

Today I received an email stating that further to my email, the sheriff has recalled the order of decree as having been granted erroneously. 

 

I have a new hearing date via webinar. I have been invited to provide a brief paragraph explaining my proposal for further procedure prior to the hearing. 

 

Should this be similar to my defence submission? 

 

TIA

[dx100uk]

Date?

Dx

[Dog Lover 123]

15th September 

[dx100uk]

On 18/05/2021 at 22:51, dx100uk said:

1 The Claimant's claim was served on (insert date).
 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 
 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,
 in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
 under Scottish laws the debt is now extinguished
 .
 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

4. i wish the return of my £129 Form 07 Fee from the Pursuer

 

should do

 

make sure the figure is correct

[Dog Lover 123]

Hi, I've been reading some of the other cases prior to my procedural hearing on 15th September. 

 

I have never engaged with Shoosmiths (other than lodging my NID and. Defence) to find out what correspondence they are likely to claim they have sent over the however many years since they acquired the debt. All I know is I have never received or recall receiving any correspondence from them prior to the writ being served, albeit I have changed address (all of which are on my credit file) 

 

Is there anything else which I should/could be doing to aid my defence? 

Thanks 

 

 

[dx100uk]

You sent nolan a copy of what you se nt to the court didnt you

[Dog Lover 123]

Assuming you mean Shoosmiths? Yes they have exactly what I sent to the court 

[dx100uk]

Sorry yes

good your position is firmly stated.

 

 

[Dog Lover 123]

Thanks, just nervous. A bit concerned it won't go in my favour. 

[dx100uk]

if it's 1000% SB'd you can't lose! doesn't matter what paperwork they hold supply or don't

 

On 27/08/2021 at 18:03, Dog Lover 123 said:

I have a new hearing date via webinar. I have been invited to provide a brief paragraph explaining my proposal for further procedure prior to the hearing. 

 

send him the SB defence 

[Dog Lover 123]

On 04/09/2021 at 23:34, dx100uk said:

 

I have just received an email from Shoosmiths requesting the following...

 

 

Dear Sirs,

 

We refer to the above matter in which we act for the Pursuer.

Further to the interlocutor dated 27 August 2021, our proposal for further procedure would be to fix a fresh 8 week adjustment period and a fresh Options Hearing, there being no current timetable in place.

 

As the Defender has lodged Defences but due to an administrative oversight the Pursuer was not made aware of these, the Pursuer will require time to review the Defences and adjust their pleadings in response.  An Options Hearing will also require to take place.  As such, it is appropriate that the further procedure be as proposed above.

 

We would be obliged if you could therefore confirm that the Procedural Hearing fixed for 15 September 2021 can be dealt with administratively without the requirement for it to call. In the event that the case is required to call, we will provide appearance details as soon as possible.

 

For the purposes of intimation, the Defender has been copied into this email.

 

Please note that we have not yet received a copy of the Defender’s Defences that she indicates she lodged at court on 31^st May 2021, and would be obliged if a copy of same could be forwarded to us.

 

 

I am self employed and have had to take Wednesday off for the hearing, not to mention I have my grandma's funeral to attend on Tuesday. I don't really understand what they are requesting but it seems a longer process with more time and expense.. 

They claim they have never received my defence. 

 

On 04/09/2021 at 23:34, dx100uk said:

 

[dx100uk]

dont worry about it

the debt was clearly SB'd and did not exist as debts in scotland EXPIRE affer 5yrs.

if they wanna waste more money on a lemon debt with a provable SB defence....oh well

 

dx

 

[Dog Lover 123]

Hi, I've just had my hearing...

 

Options hearing set for 24th November

I have 7 days to lodge my defences to both parties as neither received these

 

Please can you assist with format of defence as what I submitted clearly is not acceptable. I submitted as a letter. I have searched for documentation on the forum but not available.

 

I also need to include my pleas but do not know what this should be?

 

I understand that I am responding to the condescendence of the writ. I do also notice that the address listed in 1. of the condescendence is incorrect. It states that i have been so resident for more than three months immediately preceding the raising of the action. However, elsewhere in the writ, my current address is included. Is it worth worrying about?

 

I'm at my wits end and do not want to mess it up again.

Thanks

[dx100uk]

you've not messed up . slowdown. deep breaths , you've lots of time

you've just not been using your time here wisely and searching and reading. 

 

also use our enhanced google search box

ordinary cause.

there are lots of those here

you defence (the SB one) simply needs to be sent to the court and shoo's in the correct format.

 

read the link above 

comeback here with your submission 1st

this will be a walk in the park its statute barred.

 

dx

 

dx

 

 

[Dog Lover 123]

the thread is locked

 

[dx100uk]

correct

you dont need to post there..you keep to YOUR TOPIC

just read and get the downloads and read and use them

 

dx

 

[Dog Lover 123]

OK, 

 

Questions please -

• the initial writ states Arrow Global against myself (but the residing address is incorrect) should I use the address as it is on the doc or my current address?
• Also, 1 of the condescendences also states incorrect address and that I have been so resident for more than 3 months immediately preceding the raising of the action - should this be addressed? Particularly as the time to pay direction /time order applications show my correct address.

• There are 5 condescendences - should each of these be addressed? My SB defence has only 4 points but guidance suggests each condescendence should be validated. Do I include these in my defence document?
• Do I include any other enclosures with my defence document?
• Do I send to the General Department of OCoS or to the Civil Dept of Sheriff Court (which is where I sent my original)

 

I also acknowledge that I must send a copy of the defence to the solicitor (which I did also do and they claim not to have received)

 

Thanks

 

What should my pleas in law state?

 

To confirm - Statute Barred is relatable to my case because the default date on file was Jan 2016, with the writ being served in May 2021, - is this correct? ie more than 5 years since default date

 

Only reason I ask is that I spoke earlier with a solicitor who got nervy when I mentioned my defence as being Statute Barred.

 

Feel that other than yourselves, i have no one on my side and i'm finding this process rather difficult to pick my way through.

 

I have read many of the cases but all are so different.

 

I really just need to understand how the document should be set out and including what information.

[dx100uk]

jan 2015 + 5 yrs is jan 2021.

 

your debt is statute barred

 

dont bother with silly solicitors no need

 

simply fill out the defence form with:

 

1 The Claimant's claim was served on (insert date).
 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 
 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,
 in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
 under Scottish laws the debt is now extinguished
 .
 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

4. i wish the return of my £129 Form 07 Fee from the Pursuer

 

i've already posted what to do above

 

 

follow post 2 

 

 

Guidance on Ordinary Actions cause .pdf

[Dog Lover 123]

Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. 

 

Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now?

Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW

 

PURSUERS

 

against

 

 

 

DEFENDER

 

DEFENCE

 

1. Denied

The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ)

 

2. Denied

The Defendant has never received said assignation by way of written notice from the pursuer.

 

3. Not known and not admitted that the said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan agreement with account number XXXXXXXXXXXX..It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve a notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.

The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. Under Scottish laws the debt is now extinguished.

 

4. Denied 

The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 

 

5.  I wish the return of my £132 Form 07 Fee from the Pursuer.

 

 

PLEAS IN LAW

 

1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable.

2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.